Less than 12 months service - have I any rights?

zzzLazyDaisy

Cerealfreak wrote: »

As everything has pretty much been answered the only other thing I would add is <source please> I was pretty sure under UK law any contract termination must be enforced in writing too.

Hi, are partly right (but not in this case as OP had less than 12 months' service, and he is not pregnant ).


You asked for the source, so here it is.....


The Employment Rights Act 1996 provides that employees who have been dismissed may request from their employer a written statement of the reasons for their dismissal, which their employer must provide within 14 days. Employees who are dissatisfied because they have not received a statement or believe the statement to be inaccurate may refer the matter to an employment tribunal.All employees with one year's continuous service with their employer qualify for this right.



An employee who is dismissed at any time and for any reason while she is pregnant or during a statutory maternity leave period will be entitled to receive a written statement of the reason for her dismissal, without having to request it and regardless of her length of service.



There is of course nothing to prevent an employer from providing written statements voluntarily for employees who do not qualify for this right under employment legislation.


Hope this helps


Daisy

zzzLazyDaisy

Pete111 wrote: »

Can I just add though that I thought existing regs concerning redundancy were unaffected by the changes to the Stat dispute Regs earlier this year? As such I believe a company still has a statutory obligation to follow a process in relation to redundancy and clearly they have not done this.
P

You are right, but the statutory consultation requirements on redundancy only apply when the employer proposes to make 20 or more employees redundant, which isn't the case here.

DVardysShadow

Shafted wrote: »

They are also saying they will deduct several hundred pounds from my wage if I don't send my mobile phone back by Wednesday. I am waiting for a new one to come and want to clean any personal data from it before returning it. They have said they will refund the money once the phone is returned, but isn't this unlawful deduction from wages? They've even got the cheek to say the reason they need the phone back is for a new employee!!

Clean the phone? What could be on there? A few texts about your situation? Would you be embarrassed if the new employee saw them? :rotfl::rotfl:

tandraig

its the firms mobile phone? its theirs - give it them back - tbh you dont want to work for these people ....it sounds as if they only keep people on for 10 months then get rid. I wish you luck in your next job - hope its for reputable employers and not for shysters like this.

tandraig

jeez i forgot to mention the commision owed - they werent an accident injury compensation company were they? i had similar situation with one of them myself - i was told when i finished i OWED them money as my leads had led to nothing! when i knew several cases ongoing. they demanded phone back - ok by me - i just removed sim - and replaced with duff one. I worked for them for six months but my coworkers were unbelievable and i took firm to Employment Tribunal where they were slated for : not paying workers properly
not adhering to contract
allowing sexual discrimination ie favouring male employees over female
and all in all - I am dam glad I didnt work for them anymore
oh - and i have nt even had comp as my solicitors demanded more money to get comp through small claims court!!!!!!!!and i couldnt afford it!

Shafted_2

The phone needed to be cleaned as it contained a lot of personal information and personal contacts of mine.

TBH, although current financial situation is pretty dire, I am better out of there and feel better for it. Ironically I actually enjoyed the job and got on well with my immediate boss, pity he was lying through his teeth everytime he spoke to me.

They will regret decision, although IMO it wasn't actually a decision, but a plan before we (my brother also went to work for them and he was sacked at the same time) started. Having spoken to a few other people who worked for them in the past, I've yet to meet anyone who has a good word for them (including most of their customers),

getmore4less

The phone needed to be cleaned as it contained a lot of personal information and personal contacts of mine.

Factory reset usualy sorts this out in no time at all.

Shafted_2

Yeah, but I wanted to synch the information first, and they've locked the synch settings.

Tried to give phone back today. They were closed. Emailed them offeringto personally deliver it to new starter.

They've also 1/2 installed (not getting updates) AV on my laptop and won't give me the password to un-install!

I can't install replacement AV, and so am currently taking a risk. Would I have a claim if I lost data?

Shafted_2

This company have now unilaterally changed mileage rate and given me new expense forms to fill in. They have also refused to honour certain other expenses. They've also refused an appeal or grievance meeting and told me the matter is closed and not to correspond with them any more. My union don't seem to want to do anything about it, but when I contact ACAS (3 times now), they say I have a case. Any advice?

zzzLazyDaisy

Have they put all this in writing?